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Important Issues and Recent Developments in Wage and Hour Law
Although it was enacted over 75 years ago, the Fair Labor Standards Act (FLSA) still serves the two primary purposes it had when it was enacted: It requires employers to pay employees a minimum wage, and it requires employers to pay employees whose job duties do not place them within any exemption from overtime compensation at a rate of one-and-a-half times their regular rate of pay for hours worked over 40 in a single workweek. Of course, like most federal employment laws, exceptions, clarifications and confusion abound.
Few employers truly understand the FLSA's technical requirements, and even fewer grasp the broad exposure these comprehensive regulations create. Indeed, the Department of Labor (DOL) estimates that only 20%-40% of employers are in complete compliance. FLSA violations can be costly, and wage and hour litigation has rapidly expanded in recent years and continues to build momentum.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.